|
¶8 After enumerating the circumstances,
the referee concluded that the OLR had
established by clear and convincing evidence
that, by engaging in conduct resulting in
his conviction of one count of conspiracy to
commit mail fraud in violation of Title 18,
U.S.C. § 371, Sostarich committed a criminal
act that reflects adversely on his honesty,
trustworthiness or fitness as a lawyer in
other respects, in violation of SCR 20:8.4
(b). We conclude that the referee's
findings of fact are supported by
satisfactory and convincing evidence. We
also agree with the referee's conclusions of
law that Attorney Sostarich engaged in
professional misconduct and turn to the
question of the appropriate discipline for
this misconduct.
¶9 The referee incorporated into his
report the recommendation statements he made
on the record at the close of the
disciplinary hearing, recommending that
Sostarich be suspended for a period of one
year, retroactive to the date of his summary
suspension on May 18, 2004. We consider
these statements together with the report
and recommendation.
¶10 The referee noted at the hearing
that the OLR had recommended an 18-month
suspension, and Attorney Sostarich requested
a suspension of 90 days. The referee
proceeded to discuss the nature of
Sostarich's violation, noting the
seriousness of the charge to which Sostarich
pled guilty.
¶11 The referee also considered
Sostarich's poor health, his family
commitments, and remarked on Sostarich's
very extensive community and volunteer
service, particularly his "long and
distinguished record of pro bono service to
individual clients." He noted that
Sostarich accepted full responsibility for
his actions and has cooperated fully with
federal and OLR investigators and
prosecutors.
¶12 While acknowledging the "substantial
amount of seriousness" of Sostarich's
misconduct, the referee explained that he
was influenced by the many mitigating
circumstances and by testimony of one of the
injured clients, who volunteered "I think
Mark [Sostarich] got snookered, just as we
did." The referee was clearly moved by
Sostarich's sincere remorse.
¶13 We have carefully considered the
referee's recommendation as to discipline.
However, Attorney Sostarich pleaded guilty
to a serious felony charge; we are not
persuaded that a retroactive suspension of
12 months is sufficient discipline for the
serious misconduct committed in this matter.
¶14 We conclude that the OLR's
recommended suspension of 18 months is more
appropriate to the serious nature of the
underlying conviction, but agree with the
referee that the suspension should be
imposed retroactive to the date on which
Sostarich's license to practice law was
summarily suspended based on the criminal
conviction. We further conclude that
Attorney Sostarich should be required to pay
the costs of the proceeding.
¶15 IT IS ORDERED that Attorney Mark E.
Sostarich's license to practice law in
Wisconsin is suspended for a period of 18
months, retroactive to May 18, 2004.
¶16 IT IS FURTHER ORDERED that, if he
has not already done so, Attorney Mark E.
Sostarich comply with the provisions of SCR
22.26 concerning the duties of a person
whose license to practice law in Wisconsin
has been suspended.
¶17 IT IS FURTHER ORDERED that within 60
days of the date of this order Attorney Mark
E. Sostarich pay to the Office of Lawyer
Regulation the costs of this proceeding,
provided that if the costs are not paid
within the time specified and absent a
showing to this court of his inability to
pay those costs within that time, the
license of Attorney Mark E. Sostarich to
practice law in Wisconsin shall remain
suspended until further order of the court.
¶18 DAVID T. PROSSER and LOUIS B.
BUTLER, JR., J.J. did not participate.
|